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Novell DeveloperNet License Agreement And Limited Warranty

Through Novell's DeveloperNet Subscription, developers may receive Software (SDKs, end-user software, and Early Access Releases) and developer education and support. This License Agreement And Limited Warranty ("License Agreement") describes the terms and conditions under which Subscription participants may use Software and information or services acquired through a DeveloperNet Subscription. If you do not accept any of the terms and restrictions of this License Agreement, you may not use the Software; by returning the Software to Novell you may receive a pro-rated refund of your purchase price. By using the Software, you agree to terms and restrictions of this License Agreement. For further description of the Novell's DeveloperNet Subscription Program, see Novell's DeveloperNet Handbook at

  1. License Terms. The Software and accompanying Documentation are protected by U.S. copyright laws and international copyright treaties. In addition, the possession and use of the Software and Documentation is subject to the restrictions contained in this License. Novell reserves all rights not expressly granted to you. The Software contains various software programs with different license rights. The applicable license rights depend on the following definitions and the permitted uses specified in the Documentation accompanying the Software. If as to a specific Software product there are conflicts between the terms of this License Agreement and those of a license contained in the product's license diskette, Documentation or on-line license, the terms of this License shall govern. Novell reserves all rights not expressly granted to you.
  2. Definitions.

    "Code" means computer programming code.

    "Source Code" means human-readable Code and related documentation.

    "Object Code" means machine-readable Code which will not execute without further processing by a software compiler or linker.

    "Derivative Software Product" means Object Code resulting from either compilation of modified Source Code Software or linking Object Code Software with your own computer products, but does not include a software product that substantially duplicates the capabilities of the Software or that competes with the Software.

    "Early Access Release" means Software and Code Novell identifies as "beta" "pre-release," "futures," or as an "early access release."

  3. SDK License. Subject to the terms and conditions of this License, Novell grants to you a non-exclusive, non-transferrable right to (a) use the SDK Software, excluding Early Access Release SDKs, to develop Derivative Software Products, including the right to link Object Code Software and the right to use, modify, and compile Source Code Software; (b) reproduce and distribute the Derivative Software Product as a component part of your own computer products. You will distribute the product at Your own expense and only under license, place an appropriate copyright notice on the product packaging and documentation (i.e., "Portions Copyright © [years of publication] Novell, Inc. All Rights Reserved."), and take all steps necessary to protect Novell's proprietary rights in the Derivative Software Product.

  4. Developer Indemnification. You agree to indemnify, defend and hold Novell harmless from all damages, liabilities and expenses incurred by Novell as a result of any claim, or judgment against Novell by any third party arising out of, or connected in any manner with, distribution or use of software created by You through use of Software licensed to You under this Agreement or arising out of breach of this License Agreement. If Novell receives notice of such a claim Novell will promptly notify You in writing and allow You sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided You provide adequate assurances that You will diligently pursue resolution of the claim.

  5. Early Access Release License. Novell grants you a non-exclusive, non-transferable right to use Early Access Release Products solely for internal development and testing purposes and to use SDK Early Access Release products solely to develop Derivative Software Products for internal evaluation purposes. You are not granted the right to distribute any Derivative Software Products developed from a Early Access Release Product. Your right to use any Early Access Release Software will terminate upon the earlier of (i) first commercial shipment by Novell of the Early Access Release product, or (ii) other termination of this License Agreement by You or Novell, or (iii) time-based or other disabling of the Early Access Release product.

  6. Novell does not represent or warrant that it will make the Early Access Release Products generally available to the public or that any target dates will be met. Novell may change or cancel its plans at any time. You acknowledge that any Early Access Release Product is of pre-release quality, has not been fully tested, and may contain errors; you assume the entire risk arising out of the use of the early access release software and any information provided with the Early Access Release Software.

  7. Novell End-User Software License. During the term of this License Agreement, Novell grants to you a non-exclusive, non-transferrable right to use end-user Software received through DeveloperNet internally only for development and testing purposes. For a specific Software product, you may only use the Software for the number of users, sessions, or connections identified in the license diskette for that product. If there is no license diskette for a particular Software product, you may use that product for up to 2 users, sessions, or connections (as applicable).

  8. Restrictions. Except as expressly authorized in this License Agreement, You agree not to distribute, transfer, copy, reproduce, display, modify, disassemble or decompile, rent, lease, time share, or sublicense the Software (including all Documentation).

  9. Support. Novell will have no obligation to provide technical support or update or upgrades to You. For any technical information or support Novell chooses to provide you, Novell uses commercially reasonable efforts to ensure that the information it provides is reliable. However, You acknowledge that Novell has not verified, and cannot verify, that any information or support it provides You is valid under all circumstances. Therefore, You agree to accept any information or support provided by Novell "AS IS" and without any warranty whatsoever, including any warranty of marketability or fitness for a particular purpose. You assume the duty to verify that information and support provided by Novell are appropriate for the particular circumstance in which You perform development work.

  10. Confidentiality. The Software, Documentation, Early Access Release Products, and related information are proprietary and confidential information to Novell and its suppliers. You agree not to disclose or provide the Software, Documentation, Early Access Release Products or related information (including product features or the results of use or testing) to any third party or use the Software, Documentation, Early Access Release Products or related information for any purpose other than as specified herein. The obligations and restrictions of confidentiality in this License shall no longer apply to information which You can prove (a) is already known to You without an obligation to maintain its confidentiality, (b) becomes publicly known through no wrongful act of You, (c) is rightfully received from a third party without breach of an obligation of confidentiality owed to Novell, or (d) is independently developed by You. This provision shall survive termination of this License.

  11. General Terms

  12. Term. The term of this License Agreement begins on the date you acquire the Software and expires on the date your DeveloperNet Subscription Expires; if you received the Software from Novell's DeveloperNet program independent of a Subscription, this License Agreement expires one year from the date you receive the Software. This License Agreement will renew annually as and if You and Novell extend your DeveloperNet Subscription. This License Agreement will be terminated on the occurrence of any of the following events: (i) You no longer are enrolled in the DeveloperNet Subscription, (ii) You destroy the Documentation and Software together with all copies and adaptations, (iii) thirty days after Novell gives you written notice of termination, (iv) as to a specific Software product, upon the time-based or other disabling of the product., (v) you breach any term or condition of this License Agreement and fail to cure such breach upon 30 days notice. Upon termination of this License, You agree to destroy the original and all adaptations or copies of the Software and Documentation, or to return them to Novell.

  13. Effect of Termination. Upon termination of this License, end users of the Derivative Software Product may continue to use the Derivative Software Product under the terms of their license from you. You will have the right to maintain one copy of each version of the Source Code Software and/or the Derivative Software Product but only for the purpose and to the extent reasonably necessary for You to provide support and maintenance to end users.

  14. Governing Law / Assignability. Except as otherwise restricted by law, this License shall be governed by, and interpreted in accordance with, the laws of the State of Utah of the United States of America, without regard to laws of Utah governing conflicts of law. Furthermore, it is understood that this License shall be treated as though it were executed in Utah County of the State of Utah. The parties agree that any action relating to this License shall be instituted and prosecuted in the courts of competent jurisdiction of the State of Utah. This License Agreement is not assignable by You in whole or in part.

  15. Entire License. This License sets forth the entire understanding and License between you and Novell and may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this License Agreement or to make any warranty, representation or promise different than or in addition to the representations or promises of this license.

  16. Waiver / Severability. No waiver of any right under this License shall be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License. If a provision in this License is invalid or unenforceable, that provision shall be modified to the extent necessary to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.

  17. Audit. Upon reasonable notice, Novell may at its own expense audit Your site(s) to ensure compliance with this License Agreement. Novell will notify Developer in writing of any deficiency in compliance and will provide a recommended plan for resolving outstanding issues. Developer's failure to cure such deficiencies within thirty (30) days after receipt of the written notification will constitute a material breach and will be grounds for immediate termination of this Agreement.
  18. Export. You acknowledge that U.S. export control laws and regulations apply to technology and software supplied by Novell. In many cases, You need not supply additional assurance to Novell with respect to technology and software supplied by Novell. However, if Novell's shipping documents indicate that technology and/or software has been exported to You under License Exception LST/TSR, You agree Clause A below applies. If Novell's shipping documents indicate that software has been exported to You under License Exception TMP/BETA, You agree Clause B below applies. If Novell's shipping documents indicate that technology and/or software has been exported to You under a license, approval or exemption to the licensing requirements of the U.S. Department of State, You agree Clause C below applies.
  19. a. Technology or Software Exported Pursuant to License Exception LST/TSR. You certify You will not knowingly export/reexport the technology and/or software to any country or entity or for use prohibited by the U.S. Export Administration Regs. unless authorized by the U.S. Government.

    b. Software Exported Pursuant to License Exception TMP/BETA. You certify this beta test software will only be used for beta testing purposes, and will not be rented, leased, sold, sublicensed, assigned or otherwise transferred. You certify You will not transfer or export any product, process or service that is the direct product of the beta test software.

    c. Technology or Software Exported Pursuant to License, Approval or Exemption to the Licensing Requirements of the U.S. Dept. of State. You certify You will not knowingly export or reexport the technology and/or software to any country or entity or for any use prohibited by the U.S. International Traffic in Arms Regulations unless authorized by the U.S. Government.

  20. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Novell, Inc., 122 E 1700 S, Provo, UT 84606.
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